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happyphil

Help needed Happyphil v Abbey

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Hi all. Can anyone help me with this Draft order for directions ive had from the courts.

 

  1. The claimant shall within 14 days of service if this order sent to the defendant and the court:

  • a)A schedule setting out each charge repayment of which is sought, showing the date,amount and reason given(if any)for that charge being made:
  • b)Copies of any statement or other document relied upon as showing that ach and every charge has been made;
  • c)A statement of evidence of all matters relied upon as tending to show that the charges are irricoverable as penalties or otherwise;
  • d)Copies of decided cases and other legal materials to be felied upon.

If the claimant fails to comly with this order, the claim will be struck out without further order.

 

2.The defendant shall within 14days thereafter file and serve a response to the claimants schedule, stating in respect of each item claimed:

 

  • a)Pursuant to what contractual provision such charges was made, producing a copy of the contractual document relied upon:
  • b)Whether such charges is accepted to be a penalty, and if not why not;
  • c)If such charges is alleged to be pre-estimated of the defendants loss incurred by the claimants actions(whether or not such actions is treated as a breach of contract between the parties), all the facts and matters intended to be relied upon as showing that such was a proper estimated of such loss, and all evidence to be adduced at triel as to what the true cost of dealing with the matter was;
  • d)if such charges is not alleged to be pre-estimated of the defendants loss incurred by the claimants actions then facts and matters intended to be relied upon showing the basis upon which the charges was calculated and all the evidence to be adduced at trial as to show that the charges was fair and reasonable;
  • e) Any witness statements;
  • f)Copies of decided cases and other legal materials to be relied upon.

If the defendant fails to comply with this order, the defence will be strucj out without further notice.

 

xxxxxxx

 

I do understand it but could do with a little help in what information i need to complete what they are asking. Ive looked in the forum and have'nt found anyone else whos has had this draft order so also wondering if this is the norm.

 

Many thanks

 

Happyphil:)

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Hi all. After a little delving into cag i have found the information that i think i need to do the draft order which has come from Abbey and not the courts which im assuming is the norm. Was getting a bit worried that i was the only one who had had this form a id not seen it in any posts i had read.

 

Happyphil:)

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hi happyphil, as far as i'm aware this is not the norm. in fact, i'm quite suprised Abbey would sent you or request this draft order at all. i'll have a look but i'm sure this draft order is the very same that's just been introduced to try and speed up things as many banks were waiting until the last minute before the hearding date before paying up.

 

I'll come back to you in a mo

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Thanks bp. I did'nt think it was the norm. Thanks again.

 

 

Happyphil:)

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